Ever felt like you can’t keep up with the whirlwind of changes in employment law? Well, more changes are ahead in 2024 and beyond, leaving employers and employees alike scrambling to keep pace.

Let’s dive into the latest updates you need to be aware of.

Since 15 December 2023, the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 introduced the following changes:

• Combating Discrimination: New protections are in place for employees experiencing family and domestic violence. Employers can’t take adverse action based on this protected entitlement.
• Redundancy Pay Rules: Businesses that become a small business due to insolvency, liquidation, or bankruptcy, may still be required to pay employees redundancy pay.
• Power of Workplace Delegates: Employees appointed or elected to represent fellow workers now enjoy enhanced rights, including the ability to represent industrial interests, communicate with members, and have reasonable access to the workplace. Plus, they’re now backed by additional protections under general provisions.
• Union Official Entry: Union officials assisting health and safety representatives no longer need an entry permit.
• Mandatory Conciliation Conferences: In cases involving protected action ballots, mandatory conciliation conferences at the Fair Work Commission (FWC) are now mandatory. In order to benefit from the protections afforded by a protected action ballot, it is now required for both the employee bargaining representatives who initiated the ballot order and the employer, along with any bargaining representative representing the employer, to participate in the mediation or conciliation session prior to the commencement of any action.

In 2024, the following changes will come into effect:

• Modern Awards Overhaul: Starting 1 July 2024, the FWC has the authority to vary modern awards regarding workplace delegates’ rights. Any workplace agreements made after this date must include a delegates’ rights term.
• Labour Hire Laws: From 1 November 2024, the FWC has the authority to issue orders regarding labour hire workers. Host employers must comply, with exceptions and dispute resolution mechanisms in place.

In 2025, we can expect that intentional underpayment of wages and entitlements will become a criminal offence. The penalties are steep, reaching up to three times the underpayment amount or $7.8 million for companies, not to mention potential jail time for individuals. Small businesses (defined as employing 15 people or less) that can demonstrate compliance with the new Voluntary Small Business Wage Compliance Code are exempt.

In conclusion, it is imperative to stay informed, stay compliant, and brace yourself for the ever-evolving changes in employment law.

Impact on employers:

Employers are encouraged to review existing policies and procedures to ensure robust measures are in place to accommodate these changes. Policies should be clear, comprehensive, and concise, with transparent reporting systems and support mechanisms in place.

How IgniteHR can assist:

By proactively assessing HR systems, IgniteHR helps identify areas for improvement, ensuring alignment with evolving legal requirements and fostering a compliant and proactive workplace culture.

Ignite HR & Employment Law is supporting businesses to understand their obligations, upgrade their current policies, undertake training and information sessions for businesses. If you find yourself in a situation where a staff member makes allegations in relation to any of these workplace behaviours you may need to do an investigation we can assist in addressing a sexual harassment or bullying complaint.

Talk to us to understand your obligations
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